Montana Law Week

The Weekly Digest of Montana Law

Settlements

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Plan II

Thomas Rodriguez, low back 5/22, Missoula, head/neck/shoulder 11/22, Granite Co., Victory initiated benefits but denied liability for the shoulder, disputes as to medical causation and ability to work, $50,000 for all claims, stipulated judgment; Hannah Stone for Rodriguez, Joe Maynard for Victory Ins. [Read more…]

Nuisance, $250,000 verdict, uphill flooding

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NUISANCE: Jury properly instructed that notwithstanding “surface water is an enemy of all mankind and each landowner has the right to protect its own land therefrom” lower landowner must take reasonable care to avoid damage to upper owner… $250,000 verdict to upper owner for flooding resulting from lower owner paving affirmed… Olson affirmed. [Read more…]

Wrongful arrest, defense verdict, mistrial denial

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WRONGFUL ARREST: Mistrial based on Defense Counsel’s reference to Plaintiff’s criminal history properly denied… no jurisdiction to review denial of Defendants’ motion for summary judgment based on qualified immunity following defense verdict… Cavan affirmed (memorandum). [Read more…]

Settlements

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Plan I

Lauren Kostoff, skull 5/21, lung 2/20, knee 12/16, low back 9/16, low back 12/13, near Nye, Stillwater initiated all benefits due & owing, MMI achieved for various injuries, impairment assigned as to head, disputes as to ability to work, PTD, liability for low back, $248,984.62 for all claims, Petitioner to set aside amount to cover any medical that would be covered by Medicare, stipulated judgment; Sydney McKenna for Kostoff, Joe Maynard for Stillwater Mining [Read more…]